advance collective bargaining

7/31/2019 Advance Collective Bargaining

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COLLECTIVE

BARGAINING

REO F. BICIERRO

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Collective Bargaining or negotiationstowards collective agreement is a

democratic framework under the LaborCode to stabilize the relation between

labor and management to create a

climate of sound and stable industrialpeace. It is a mutual responsibility of theemployer and the union and is their legal

obligation.

Definition


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Key concepts

3 Interrelated processes:Research and Preparation

NegotiationContract Administration andEvaluation


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Career DevelopmentRetirement/Pension Plan

Health CareFuneral AssistanceCalamity AssistanceLeavesSeparation BenefitsDisability Benefits

Premium PayStock Purchase PlanHousing LoansOptical SubsidiesEducation Assistance

Scholarship ProgramWagesRice SubsidyBonus and AllowanceProfit Sharing

Union recognitionScope/Coverage

Union securityCheck-off Rights and Obligations of partiesGrievance MachineryWork Improvement CommitteeUnion Office

Bulletin BoardMeetingsUnion Leaves

Assistance for Workers EducationJob Security

SeniorityPromotion and TransferEmployment of next of kinSeparability ClauseContract duration/Effectivity

SOCIO-ECONOMICPOLITICAL


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Research and preparationThere are two things to prepare prior to

negotiation.

1. Research component2. Basic Negotiation


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Content of ResearchStandard of livingCost of living

Ability to payComparative-norm principle


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Sources of dataWorkers

Minimum Budget Requirement

(MBR)Other sourcesCompany (Accounting Dept.)CBA (same industry)NCSO / Wage CommissionCB / FNRC / NEDA /CRC /

SEC / DOLE / UP Solair


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Data gatheringData classification

Primary dataSecondary data


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These are facts gathered by the union directly from itsmember.

Example: Income DataFamily ExpendituresSize of family andOther similar information

Interviews and questionnaires can be administered togathered these data

Primary Data


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These are data gathered by agencies andpublished in periodicals or statistical bulletin

Secondary Data


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Data analysisElements of negotiation

Communication

RelationshipsCommitmentsCriteria

Options Alternatives and interest


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B A T N A

Best Alternative To Negotiated Agreements


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Formulation and

submission of proposalsThe Union formulates two studies:

1. Collective bargaining proposals forsubmission to management.2. Arguments supporting the demandsfor the negotiators to master or topresent to the Department of Labor incase of deadlock.


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Negotiation is the process by which two or moreparties, with differing interests, interact or

negotiate to define joint or collective agreements.Or

The actual deliberation of proposals by the Unionand the Management.

Negotiation


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1. Submission of intention to negotiate and theproposals.(60 days prior to the expiration)

2. The Company answers the notice to negotiatewithin ten (10) days.

3. The initial meeting to discuss the proposal.4. If both parties agreed, the CBA will be signed, if

not a deadlock may be called by both parties.

5. Union may file notice of strike, whilemanagement may file a notice of lock-out.

5 Stages of Negotiation


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Both parties may opt for conciliation and mediationin which government representatives through whichconciliators or mediators help the parties to settle

their disagreement. If the deadlock is not resolvedwithin thirty (30) days, the Union can go on strike,while management can lockout. Provided theysubmitted a strike-vote or lockout vote seven (7)

days prior to intended strike or lockout. However ,the parties may also opt to elevate the deadlock tocompulsory arbitration (CA). The decision of CA canbe appeal able up to the Supreme Court.

CBA Deadlock


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Our usual assumption of negotiation is that it is awin/lose game. Which compel the parties to choosethe strategy of either capitulation (soft style) orconfrontational (hard style) or a combination of

both. It becomes a rigodon of hard and softbargaining between the parties.

Interest-based Negotiation


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A party that uses this technique:Considers the other party as an

adversary.Requires concessions as a condition of

the relationship.

Has victory as its primary goal.Is hard on people and on the problem.Makes threats and is critical of the other

partys position.Considers one-sided gains as the end

result of the agreement.Searches for even a single acceptable

position.Tries to win a contest of will and will

apply pressure.

A party that uses this technique :Gives value to the relationship and may

not be able to separate the issue from thepersons.

Has reaching an agreement as its

primary goal.Is soft on people and on the problem, to

the extent that it makes concession infavor of the relationship

Makes offer and changes positionseasily.

Accept one-sided losses just so anagreement can be reached.Searches for even a single acceptable

position.Avoids contest of will and yields easily to

pressure.

CONFRONTATION (HARD)CAPITULATION (SOFT)

Strategies in Negotiation


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Key ConceptRe -Thinking Collective BargainingFFW states; employment

security takes precedence over jobsecurity

Workers organizations have always put primacyto job security and it takes some courage for FFWto declare concrete deviation from traditionaltrade union focus. This implies expanding union

coverage before adding new economic benefits,and proposing alternative employment optionsand skill training for enhancing employability tocompliment rather than replace separation pays.


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Implementation

Monitoring and Evaluation


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End Show

Salamat po!!!


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Basis of our positionWhile Collective Bargaining remains to be the mosteffective mechanism at the plant level, workers

participation and joint responsibility in decision-making processes have to be institutionalized atvarious levels.

1. Global Policies2. National Policies3. Plant Level (CBA)

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Global PoliciesUN Declaration

Universal Declaration of Human Rights

Art. 23: 1. Everyone has the right to work, to freechoice of employment, to just andfavorable conditions of work and toprotection against unemployment.2. Everyone, without discrimination, hasthe right to equal pay for equal work.

3. Everyone who works has the right to just and favorable remuneration thatensures for himself and his family asexistence worthy of human dignity, andsupplemented, if necessary, by othermeans of social protection


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ILO Convention No. 151 Concerning protection of the right to organize and

procedures for Determining Conditions of Employment in the Public Service

ILO Recommendation No. 91 Concerning Collective Agreement

Definition of Collective Agreement

8. An employer, group of employers or one or moreemployers organization on the other hand,

9. And one or more representative workers organization or authorized workers representativeson the other

Global Policies

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Respect of human and trade union rights Decent work A more consensual labor relations based on widerworkers participation in decision making at the plantlevel and at higher levels An overhauled system of workers representation Mandatory negotiation of social plans prior tocorporate restructuring

Mandatory election of workers representatives incompanies Adoption of the social clause Promotion of core international labor standards Multinational codes of conduct

New global social orderTrade union advocacy is focused on the following issue:


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Bases of the advocacy Global standards set by Agenda 21 on SustainableDevelopment in Rio de Janeiro Copenhagen Declaration on Social Development

Beijing Declaration on Action for Equality,Development and Peace.


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National Policies

advance collective bargaining

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